expungement

First felony offense eligible for deferred prosecution under Offender Initiative Program

December 29, 2012
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A person who is charged with a felony but has no criminal background will benefit from a new state law in 2013 that allows for dismissal. The Offender Initiative Program is a new statute modeled after the deferred prosecution program developed by Cook County State’s Attorney Anita Alvarez. The statute will apply in all counties [...]

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Misdemeanor convictions that cannot be sealed: crimes of violence

November 23, 2012
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A person who is found guilty of a misdemeanor can have his record expunged in most circumstances. Most misdemeanors allow the court to impose a term of supervision if the defendant has no criminal history. Supervision is not a conviction, and it can be expunged. A conviction, however, cannot be expunged. It can only be [...]

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Job applicants with criminal records may find employment under new EEOC policy

October 29, 2012
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As anyone with a criminal record can tell you, one conviction can have a devastating impact on your future. When you apply for a job with a criminal record, you usually don’t expect to make it past the background check. But that all may change soon under an important policy change with the Equal Employment [...]

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Cook County to host annual expungement summit June 2, 2012

May 1, 2012
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All persons who have ever been arrested in Cook County should be aware of the free expungement seminar scheduled for June 2, 2012. Under Illinois law, any person who is arrested and charged with a crime has a record with the Illinois State Police that can be disseminated nationwide. The record of the arrest remains [...]

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Important new bill in legislature would expunge felonies

March 26, 2012
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In the current legislative session, Illinois lawmakers are considering a very important new statute to be added to the criminal code. Senate Bill 3349, proposed by Senator Kwame Raoul (D-Chicago), would create a special type of probation for felonies that can be expunged. If signed by the governor, a defendant with a pending felony would [...]

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Examining State Police expungement statistics

October 4, 2011
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The Illinois State Police are mandated by law to keep track of how many petitions to expunge or seal they receive each year, and what the outcome is. This is a new legal obligation. It became mandatory through the Expungement Backlog Accountability Law. 20 ILCS 2630/14. In the past, the State Police were notorious for [...]

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New Illinois law criminalizes possession of bath salts, K2 and Spice

July 22, 2011
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Illinois governor Pat Quinn signed a law on July 22, 2011 that makes it a criminal offense to possess bath salts. Bath salts are also known as MDPV, and cause a hallucinogenic experience with the user. A woman in downstate Illinois died from an overdose of bath salts within the last year. Illinois is now [...]

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Illinois felonies result in conviction despite fact that offender has no criminal background

May 24, 2011
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A person with no experience in the criminal justice system will see that the courts make a distinction between felony and misdemeanor cases. In almost every courthouse in Illinois, felony cases are heard by a judge who hears only felony matters. The judge presiding over felony cases is usually a Circuit Judge. These judges are [...]

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What is a Class C misdemeanor in Illinois?

April 10, 2011
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The Class C misdemeanor in Illinois is an atypical offense. Most misdemeanor offenses are categorized as Class A misdemeanors, not Class C misdemeanors. The law in Illinois says that a person charged with a Class C misdemeanor is subject to a maximum 30 days imprisonment and fine of $1,500. On the books, there are three [...]

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What does it mean to be convicted of a crime in Illinois?

February 28, 2011
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One of the most frequently misused terms in criminal law is conviction.  All too often a person will talk about a case and say that if they’re found guilty they were convicted.  But this is not entirely accurate. Under Illinois law, when a person is found guilty the court enters a judgment against him.  The [...]

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